No. 07-00-176/2017-02 Date: 21 November 2017

OPINION

The present opinion was issued following a complaint procedure initiated upon a complaint lodged by R.L. from B., on behalf of her son K.L. who is a minor, against P.I. “A.” N.B. In her complaint the complainant stated that K.L. was developmentally impaired, that the preschool group he attended at P.I. “A.” N.B. at “T.” kindergarten consisted of 38 children, that he had not been given the necessary additional support and that he was able to attend the kindergarten for two hours per day only due to a large number of children in the group. The P.I. “A.” N.B. has not submitted its declaration contesting the merit of allegations made in the complaint despite the fact that the institution had received the Commissioner’s request for a declaration on allegations made in the complaint. In the course of the complaint procedure it has been ascertained that allegations made in the complaint offered sufficient reason to conclude that the complainant has made it probable that the act of discrimination had occurred. In view of the fact that the preschool institution has failed to submit its declaration responding to allegations made in the complaint and that the act of discrimination has been made probable, the Commissioner for the Protection of Equality issued its opinion stating that by making it difficult for a child with developmental difficulties, namely K.L., to participate in educational and learning activities, the P.I. “A.” N.B. had violated provisions of Article 19 of the Law on the Prohibition of Discrimination. For this reason the Commissioner recommended to the P.I. “A.” N.B. to take all the necessary measures within its scope of competence and in keeping with the law and the Opinion issued by the Commission for the Assessment of Needs for Additional Educational, Healthcare and Social Support to a Child/Student, while at the same time involving parents and other stakeholders who know the child well, and to extend support to student K.L. in line with his age and developmental needs as well as to refrain from violating anti-discrimination regulations when performing its regular work and activities in the future.